S.F. 361 Section 1. Section 123.3, subsection 24, Code 2015, is 1 amended to read as follows: 2 24. “Legal age” means for purposes of the possession, 3 consumption, supplying, purchase, or sale of wine or beer, 4 nineteen years of age or more, and for purposes of the 5 possession, consumption, supplying, purchase, or sale of 6 alcoholic liquor, twenty-one years of age or more. 7 Sec. 2. Section 123.46A, subsection 2, paragraphs c and i, 8 Code 2015, are amended to read as follows: 9 c. Deliveries shall only be made to persons in this state 10 who are twenty-one years of legal age or older . 11 i. Valid proof of the recipient’s identity and age shall be 12 obtained at the time of delivery, and the signature of a person 13 twenty-one years of legal age or older shall be obtained as a 14 condition of delivery. 15 Sec. 3. Section 123.47, subsection 4, paragraph a, 16 unnumbered paragraph 1, Code 2015, is amended to read as 17 follows: 18 A person who is eighteen, nineteen, or twenty years of age, 19 other than a licensee or permittee, who violates this section 20 regarding the purchase of, attempt to purchase, or consumption 21 of alcoholic liquor, wine, or beer, or possessing or having 22 control of alcoholic liquor, wine, or beer, or a person who 23 is eighteen years of age, other than a licensee or permittee, 24 who violates this section regarding the purchase of, attempt 25 to purchase, or consumption of wine or beer, or possessing or 26 having control of wine or beer commits the following: 27 Sec. 4. Section 123.50, subsection 5, Code 2015, is amended 28 to read as follows: 29 5. If an employee of a licensee or permittee violates 30 section 123.49, subsection 2 , paragraph “h” , the licensee or 31 permittee shall not be assessed a penalty under subsection 3 , 32 and the violation shall be deemed not to be a violation of 33 section 123.49, subsection 2 , paragraph “h” , for the purpose of 34 determining the number of violations for which a penalty may 35 -1- LSB 1389XS (7) 86 ec/nh 1/ 4

S.F. 361 be assessed pursuant to subsection 3 , if the employee holds 1 a valid certificate of completion of the alcohol compliance 2 employee training program pursuant to section 123.50A at the 3 time of the violation, and if the violation involves selling, 4 giving, or otherwise supplying any alcoholic beverage, wine, 5 or beer liquor to a person between the ages of eighteen and 6 twenty years of age or selling, giving, or otherwise supplying 7 any wine or beer to a person who is eighteen years of age . A 8 violation involving a person under the age of eighteen years 9 of age shall not qualify for the bar against assessment of a 10 penalty pursuant to subsection 3 , for a violation of section 11 123.49, subsection 2 , paragraph “h” . A licensee or permittee 12 may assert only once in a four-year period the bar under 13 this subsection against assessment of a penalty pursuant to 14 subsection 3 , for a violation of section 123.49, subsection 2 , 15 paragraph “h” , that takes place at the same place of business 16 location. 17 Sec. 5. Section 123.187, subsection 3, paragraph a, Code 18 2015, is amended to read as follows: 19 a. Wine may only be shipped by a wine direct shipper 20 licensee to a resident of this state who is at least twenty-one 21 years of legal age, for the resident’s personal use and 22 consumption and not for resale. 23 Sec. 6. Section 123.187, subsection 6, paragraph b, Code 24 2015, is amended to read as follows: 25 b. An alcohol carrier licensee shall not deliver wine to 26 any person under twenty-one years of legal age, or to any 27 person who either is or appears to be in an intoxicated state 28 or condition. A licensee shall obtain valid proof of identity 29 and age prior to delivery, and shall obtain the signature of an 30 adult as a condition of delivery. 31 Sec. 7. Section 321.284, subsection 2, Code 2015, is amended 32 to read as follows: 33 2. A person under the legal age of twenty-one , as defined 34 in section 123.3, who violates this section is guilty of a 35 -2- LSB 1389XS (7) 86 ec/nh 2/ 4

S.F. 361 violation of section 123.47 . 1 Sec. 8. Section 321.284A, subsection 4, Code 2015, is 2 amended to read as follows: 3 4. A person under the legal age of twenty-one years , as 4 defined in section 123.3, who violates this section is guilty 5 of a violation of section 123.47 . 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill changes the legal age for the purchase, 10 consumption, and possession of wine and beer from 21 years of 11 age or older to 19 years of age or older. 12 Code section 123.3(24), concerning the definition of legal 13 age for alcoholic beverage control, is amended to provide that 14 the legal age for purposes of the possession, consumption, 15 supplying, purchase, or sale of wine and beer is 19 years of 16 age or more. The current definition of 21 years of age or more 17 remains applicable for purposes of alcoholic liquor. 18 Code section 123.46A is amended to authorize the delivery of 19 alcoholic beverages to persons who are of legal age instead of 20 21 years of age or older. 21 Code section 123.47(4), concerning the purchase, 22 consumption, or possession of alcoholic liquor, wine, or beer 23 is amended to provide that the requirements, and applicable 24 penalties, apply to the purchase, consumption, or possession of 25 alcoholic liquor by a person who is 18, 19, or 20 years of age 26 and to the purchase, consumption, or possession of wine or beer 27 by a person who is 18 years of age. 28 Code section 123.50(5), concerning criminal and civil 29 penalties, is amended to reflect that selling, giving, or 30 otherwise supplying wine or beer to a person who is 19 or 20 31 years of age is not prohibited. Current provisions relative to 32 alcoholic liquor are retained. 33 Code section 123.187, concerning the direct shipment of 34 wine, is amended to reflect that shipments are prohibited only 35 -3- LSB 1389XS (7) 86 ec/nh 3/ 4

S.F. 361 to persons under legal age. 1 Code section 321.284(2), concerning violations for drivers 2 under the age of 21 possessing open containers in motor 3 vehicles, is amended to provide that the violations apply to 4 drivers under legal age, as defined by the bill. 5 Code section 321.284A(4), concerning violations for 6 passengers under the age of 21 possessing open containers in 7 motor vehicles, is amended to provide that the violations apply 8 to passengers under legal age, as defined by the bill. 9 -4- LSB 1389XS (7) 86 ec/nh 4/ 4